County Commission approves sweeping anti-panhandling ordinance

The County Commission on Tuesday passed a sweeping ban on activities in the public rights of way along all major county roads.

By Bill ThompsonStaff writer

The County Commission on Tuesday passed a sweeping ban on activities in the public rights of way along all major county roads.

The board unanimously backed an ordinance that prohibits pedestrians from standing beside or entering roads in unincorporated Marion in order to physically exchange anything with motorists or their passengers.

Ostensibly, the new law is intended to curb the amount of roadside panhandling.

Yet County Attorney Guy Minter explained that the measure needed to be broad enough to withstand a court challenge, and that could only be accomplished by banning all activities in rights of way.

The law, however, does not regulate what Minter called “expressive activity,” referring to, as example, sign slingers for local businesses and political candidates and their supporters waving to passers-by.

Minter also observed that the law would not prohibit a beggar from holding up a poster urging motorists to pull into a nearby parking lot to donate money.

The ordinance is also not binding within individual subdivisions

Violators could be punished by a fine of up to $500 and 60 days in jail.

Commission Chairwoman Kathy Bryant noted that the board's intent was to not round up panhandlers and others right away.

Rather, over the next few months the Sheriff's Office will launch an educational campaign about the ordinance, sheriff's Lt. Kevin Rowe said, the agency's director of research and planning.

Patrol deputies will be the first to be schooled in the law, Rowe said. Then, the potential scofflaws will be made aware of the measure.

After that period, Rowe added, deputies would likely issue warning tickets to begin building a database of who has been notified about the new regulation.

Repeat offenders could then be targeted.

While public safety was the stated purpose behind the law, one audience member pointed out there was an aesthetic value to the ban as well.

Jan Lemon, a resident of the SummerGlen community on County Road 484, applauded the ban because it might reduce the number of beggars at the “extremely busy” intersection of Interstate 75 and CR 484.

“It's not the image we want for our county, or the image we want for visitors to our community,” Lemon said.

On the other hand, Patricia Reed of Summerfield blasted the new law for infringing on the public's right to express “core-value speech.”

She rejected the argument that the measure was designed to enhance public safety and argued the board was curtailing the rights of beggars, charities, religious groups and others to solicit money from the side of the road.

The commission's Regulatory Review Advisory Board had asked permission to look into the matter. Chuck Pardee, chairman of the advisory panel, said the intent was to find out how much staff resources were eaten up responding to anonymous complaints.

But a majority of commissioners spoke out against the idea. “Getting rid of anonymous complaints doesn't make sense to me,” Commissioner Zalak said.

Commissioner David Moore countered that those targeted by the complaints should have the right to face their accuser.

Yet the majority — which Moore eventually sided with in a unanimous vote to deny the review board's request — showed little interest in pursuing the recommendation. That came after Building Safety Director Paul Nevels explained that while “a lot” of complaints were anonymous, a “large percentage” of them called attention to legitimate code violations.

• Commissioners approved the initial schedule of town-hall meetings the board will host throughout the county through the end of 2013.

The first such session will be held from 9-11 a.m. April 12 at the Forest Library, 905 S. County Road 314A, Ocklawaha.